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(영문) 수원지방법원 안산지원 2013.05.10 2013고정372
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the C Company in Ansan-si Group B, is an employer who runs a manufacturing business with five regular workers employed.

The Defendant, from September 7, 2006 to March 13, 2012, paid KRW 4,950,473 of D retirement pay from September 7, 2006 to March 13, 2012; KRW 92,090, the wage balance (additional amount of health insurance premium) for February 2012; KRW 1,216,130, the wage for March 201; and KRW 229,460, the year-end settlement refund for March 201; and KRW 6,48,153, which was paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. The above facts charged are crimes falling under Article 109(1) of the Labor Standards Act and Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act

However, since the victim withdraws his wish to punish the defendant after the prosecution of this case, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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